Is it a Fifth Amendment constitutional violation to semi-mandate admission of guilt to a crime while still in appeals?

2015-07-21T22:05:24-04:00

When arriving at the brig, individuals convicted of a sexual assault are told that if they do not sign a letter of admission of guilt, they cannot begin treatment. Without treatment, they will not be considered for parole. But, many of these individuals have claimed innocence and are still fighting in appeals, meanwhile those who plead guilty receive the opportunity for parole in a short time. Should this be considered a violation of the U.S. Constitution's Fifth Amendment. Please consider civilian State Supreme Court cases with the same situation and their arguments and decisions.

Response by Sgt Aaron Kennedy, MS made Jul 21 at 2015 10:30 PM

2015-07-21T22:30:29-04:00

It's "overly" Coercive.

When you have all liberty removed, you are willing to admit to anything to have it even partially restored. It is the same concept as "torture." The willingness to do anything to make the punishment stop.

So although it "might" not be a violation of the 5a because you have received Due Process (in part), it could be considered a violation of the 8a (Cruel & Unusual Punishments), though this is a stretch.

Response by PVT Private RallyPoint Member made Jul 21 at 2015 10:55 PM

2015-07-21T22:55:37-04:00

Oh yea. It is.

Response by COL Charles Williams made Jul 22 at 2015 1:08 AM

2015-07-22T01:08:28-04:00

This sounds fishy... and a good lawyer will have a field day with this...

Response by PO1 William "Chip" Nagel made Jul 22 at 2015 4:28 AM

2015-07-22T04:28:26-04:00

Well isn't that a Special Kind of Catch 22!